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Regulations of the People's Republic of China on Chinese-Foreign
Cooperation in Running Schools
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(Adopted at the 68th Executive Meeting of the State
Council on February 19, 2003, promulgated by Decree No. 372 of the
State Council of the People's Republic of China on March 1, 2003,
and effective as of September 1, 2003)
Chapter I General Provisions
¡¡¡¡Article 1 These Regulations are formulated in accordance with
the Education Law of the People's Republic of China, the Vocational
Education Law of the People's Republic of China and the Law of the
People's Republic of China on Promotion of Privately-Run Schools
for the purposes of standardizing Chinese-foreign cooperation in
running schools, strengthening international exchange and cooperation
in the field of education and promoting the development of the educational
cause.
¡¡¡¡Article 2 These Regulations apply to the activities of the cooperation
between foreign educational institutions and Chinese educational
institutions (hereinafter referred to as Chinese and foreign cooperators
in running schools) in establishing educational institutions (hereinafter
referred to as Chinese-foreign cooperatively-run schools) within
the territory of China to provide education service mainly to Chinese
citizens.
¡¡¡¡Article 3 Chinese-foreign cooperation in running schools is an
undertaking beneficial to public interests and forms a component
of China's educational cause.
¡¡¡¡For Chinese-foreign cooperation in running schools, the State
adopts the policies of opening wider to the outside world, standardization
of running schools, exercising administration according to law and
promoting its development.
¡¡¡¡The State encourages Chinese-foreign cooperation in running schools
to which high-quality foreign educational resources are introduced.
¡¡¡¡The State encourages Chinese-foreign cooperation in running schools
in the field of higher education and vocational education, and encourages
Chinese institutions of higher learning to cooperate with renowned
foreign institutions of higher learning in running schools.
¡¡¡¡Article 4 The legal rights and interests of Chinese and foreign
cooperators in running schools and of Chinese-foreign cooperatively-run
schools shall be protected by the laws of China.
¡¡¡¡Chinese-foreign cooperatively-run schools shall enjoy preferential
policies made by the State and enjoy autonomy when conducting educational
activities in accordance with law.
¡¡¡¡Article 5 Chinese-foreign cooperation in running schools shall
abide by the laws of China, implement China's educational policies,
comply with Chinese public ethics and shall not jeopardize China's
sovereignty, security and public interests.
¡¡¡¡Chinese-foreign cooperation in running schools shall meet the
needs of the development of China's educational cause, ensure teaching
quality and make efforts to train all kinds of talents for China's
socialist construction.
¡¡¡¡Article 6 Chinese and foreign cooperators in running schools may
cooperate to establish educational institutions of various types
at various levels. However, they shall not establish institutions
offering compulsory education service or special education services
such as military, police and political education services.
¡¡¡¡Article 7 No foreign religious organization, religious institution,
religious college and university or religious worker may engage
in cooperative activities of running schools within the territory
of China.
¡¡¡¡Chinese-foreign cooperatively-run schools shall not offer religious
education, nor conduct religious activities.
¡¡¡¡Article 8 The education administrative department of the State
Council shall be responsible for overall planning, comprehensive
coordination and macro control for all Chinese-foreign cooperative
activities in running schools nationwide. The education administrative
department, the labour administrative department and other relevant
administrative departments of the State Council shall be responsible
for the work in relation to Chinese-foreign cooperation in running
schools in accordance with their functions and duties as defined
by the State Council.
¡¡¡¡The education administrative departments of the people's governments
of the provinces, autonomous regions and municipalities directly
under the Central Government shall be responsible for overall planning,
comprehensive coordination and macro control for all Chinese-foreign
cooperative activities in running schools within their respective
administrative regions. The education administrative departments,
the labour administrative departments and other relevant administrative
departments of the people's governments of the provinces, autonomous
regions and municipalities directly under the Central Government
shall be responsible for the work in relation to Chinese-foreign
cooperation in running schools within their respective administrative
regions in accordance with their functions and duties.
Chapter II Establishment
¡¡¡¡Article 9 An educational institution which applies for establishing
a Chinese-foreign cooperatively-run school shall have the legal
person status.
¡¡¡¡Article 10 A Chinese or foreign cooperator in running a school
may contribute with funds, in kind or in forms of land-use right,
intellectual property rights or other assets to establish the school.
¡¡¡¡Contribution of intellectual property rights by a Chinese or foreign
cooperator in running a school shall not exceed one-third of its
total contribution. However, for a foreign educational institution
that comes to China for cooperation in running a school at the invitation
of the education administrative department or the labour administrative
department of the State Council or at the invitation of the people's
government of a province, an autonomous region or a municipality
directly under the Central Government, its contribution in the form
of intellectual property rights may exceed one-third of its total
contribution.
¡¡¡¡Article 11 A Chinese-foreign cooperatively-run school shall meet
the basic requirements prescribed by the Education Law of the People's
Republic of China, the Vocational Education Law of the People's
Republic of China, the Higher Education Law of the People's Republic
of China and other laws and administrative regulations, and shall
have the legal person status. However, a Chinese-foreign cooperatively-run
school established to offer higher education service through the
cooperation between a foreign educational institution and a Chinese
institution of higher learning which offers education for academic
qualifications may have no legal person status.
¡¡¡¡The establishment of a Chinese-foreign cooperatively-run school
shall follow the standards for the establishment of State-run educational
institutions of the same type and at the same level.
¡¡¡¡Article 12 An application for establishing a Chinese-foreign cooperatively-run
school offering higher education for academic qualifications at
or above the regular university education shall be subject to examination
and approval of the education administrative department of the State
Council; an application for establishing a Chinese-foreign cooperatively-run
school offering specialized higher education or higher education
for non-academic qualifications shall be subject to examination
and approval of the people's government of the province, autonomous
region or municipality directly under the Central Government where
the proposed school is to be located.
¡¡¡¡An application for establishing a Chinese-foreign cooperatively-run
school offering secondary education for academic qualifications,
programs of tutoring self-taught students for examinations, programs
offering supplementary teaching of school courses and pre-school
education shall be subject to examination and approval of the education
administrative department of the people's government of the province,
autonomous region or municipality directly under the Central Government
where the proposed school is to be located.
¡¡¡¡An application for establishing a Chinese-foreign cooperatively-run
school offering vocational technical training shall be subject to
examination and approval of the labour administrative department
of the people's government of the province, autonomous region or
municipality directly under the Central Government where the proposed
school is to be located.
¡¡¡¡Article 13 The establishment of a Chinese-foreign cooperatively-run
school shall include two steps of preparation for establishment
and formal establishment. However, the applicant may file an application
directly for formal establishment if it fulfills the conditions
for offering education and meets the standards for establishment.
¡¡¡¡Article 14 An applicant who applies for preparation for establishment
of a Chinese-foreign cooperatively-run school shall submit the following
documents:
¡¡¡¡(1) a project report which shall mainly contain the names of the
Chinese and foreign cooperators in running the school, the name
of the proposed cooperatively-run school, educational targets, size
of the school, level and form of education to be offered, conditions
for offering education, system of internal management, sources of
funding and capital management and use, etc.;
¡¡¡¡(2) a cooperative agreement which shall contain the duration of
cooperation and ways of dispute settlement, etc.;
¡¡¡¡(3) valid documents verifying sources of assets and amount of
capital, with clear statement of ownership;
¡¡¡¡(4) a donation agreement for any assets provided as a donation
to the proposed school, which carries the name of the donor, value
of donation, purpose of use and management methods, and the relevant
valid verifying documents; and
¡¡¡¡(5) a certificate verifying that not less than 15 percent of initial
funds provided by the Chinese and foreign cooperators is already
invested.
¡¡¡¡Article 15 In the case of an application for preparation for establishment
of a Chinese-foreign cooperatively-run school, the examination and
approval authorities shall decide whether to grant the approval
or not within 45 days from the date of receiving the application.
If the application is approved, a letter of approval for preparation
for establishment shall be issued; if the application is not approved,
reasons shall be provided in writing.
¡¡¡¡Article 16 An applicant whose application for preparation for
establishment of a Chinese-foreign cooperatively-run school is approved
shall file an application for formal establishment within three
years from the date of approval; if it is more than three years,
the Chinese and foreign cooperators in running the school shall
file an application anew.
¡¡¡¡During the period of preparation for establishment, no students
shall be enrolled.
¡¡¡¡Article 17 An applicant who has completed its preparation for
establishment and applies for formal establishment shall submit
the following documents:
¡¡¡¡(1) an application for formal establishment;
¡¡¡¡(2) the letter of approval for preparation for establishment;
¡¡¡¡(3) a report on the progress of preparation for establishment;
¡¡¡¡(4) the articles of association for the Chinese-foreign cooperatively-run
school, and a list of members on its first board of trustees or
board of directors, or of its first joint managerial committee;
¡¡¡¡(5) valid documents verifying assets of the Chinese-foreign cooperatively-run
school; and
¡¡¡¡(6) documents verifying the qualifications of the president or
principal administrator, the teachers and financial staff.
¡¡¡¡An applicant who directly applies for formal establishment of
a Chinese-foreign cooperatively-run school shall submit all documents
listed under subparagraphs (1), (4), (5) and (6) of the preceding
paragraph and subparagraphs (2), (3) and (4) of Article 14.
¡¡¡¡Article 18 In the case of an application for formal establishment
of a Chinese-foreign cooperatively-run school offering education
for non-academic qualifications, the examination and approval authorities
shall decide whether to grant the approval or not within three months
from the date of receiving the application; in the case of an application
for formal establishment of a Chinese-foreign cooperatively-run
school offering education for academic qualifications, the examination
and approval authorities shall decide whether to grant the approval
or not within six months from the date of receiving the application.
If the application is approved, a permit for Chinese-foreign cooperation
in running the school printed in a standard format and numbered
in a unified way shall be granted; if the application is not approved,
reasons shall be provided in writing.
¡¡¡¡The format of the permit for Chinese-foreign cooperation in running
a school shall be determined by the education administrative department
of the State Council and the printing be arranged separately by
the education administrative department and the labour administrative
department of the State Council in accordance with their respective
functions and duties; the permit for Chinese-foreign cooperation
in running a school shall be numbered in a unified way by the education
administrative department of the State Council and the specific
measures shall be formulated by the education administrative department
jointly with the labour administrative department of the State Council.
¡¡¡¡Article 19 In the case of an application for formal establishment
of a Chinese-foreign cooperatively-run school offering education
for academic qualifications, the examination and approval authorities,
upon receiving such an application, shall organize an expert committee
to make an evaluation, and the expert committee shall give its opinions.
¡¡¡¡Article 20 A Chinese-foreign cooperatively-run school which has
obtained the permit for Chinese-foreign cooperation in running the
school shall register in accordance with the relevant laws and administrative
regulations, and the registering authorities shall process the registration
timely in accordance with the relevant provisions.
Chapter III Organization and Administration
¡¡¡¡Article 21 A Chinese-foreign cooperatively-run school with the
legal person status shall set up a board of trustees or a board
of directors, and a Chinese-foreign cooperatively-run school without
the legal person status shall set up a joint managerial committee.
Chinese members on the board of trustees, the board of directors
or of the joint managerial committee shall not be less than half
of the total number.
¡¡¡¡The board of trustees, the board of directors or the joint managerial
committee shall be composed of at least five members with one of
them serving as the chairperson and one of them serving as the vice-chairperson
respectively. If either of the Chinese and foreign cooperators in
running the school assumes the chairpersonship, the other shall
assume the vice-chairpersonship.
¡¡¡¡The legal representative of a Chinese-foreign cooperatively-run
school with the legal person status shall be appointed through consultation
between the Chinese and foreign cooperators in running the school
from the chairperson of the board of trustees, or the chairperson
of the board of directors, or the president of the cooperatively-run
school.
¡¡¡¡Article 22 The board of trustees, the board of directors or the
joint managerial committee of a Chinese-foreign cooperatively-run
school shall be composed of the representatives from both the Chinese
and foreign cooperators in running the school, the president or
principal administrator of the school, the representatives of the
school's teaching and administrative staff, etc., and one-third
of the members shall have at least five years of work experience
in the field of education and teaching.
¡¡¡¡The list of members on the board of trustees, the board of directors
or of the joint managerial committee of a Chinese-foreign cooperatively-run
school shall be submitted to the examination and approval authorities
for the record.
¡¡¡¡Article 23 The board of trustees, the board of directors or the
joint managerial committee of a Chinese-foreign cooperatively-run
school shall exercise the following powers:
¡¡¡¡(1) electing or by-electing the members on the board of trustees,
the board of directors or of the joint managerial committee;
¡¡¡¡(2) appointing or dismissing the president or the principal administrator;
¡¡¡¡(3) modifying the articles of association and formulating school
rules and bylaw;
¡¡¡¡(4) formulating development plans and approving annual work plans;
¡¡¡¡(5) raising operational funds, examining and approving the budget
and the final accounts;
¡¡¡¡(6) determining the staff arrangement and quotas and the wage
scales;
¡¡¡¡(7) making decisions on the division, merger or termination of
the Chinese-foreign cooperatively-run school; and
¡¡¡¡(8) exercising other powers specified by the articles of association.
¡¡¡¡Article 24 The board of trustees, the board of directors or the
joint managerial committee of a Chinese-foreign cooperatively-run
school shall meet at least once a year. Interim meetings of the
board of trustees, the board of directors or the joint managerial
committee may be convened upon proposal made by at least one-third
of its members.
¡¡¡¡The board of trustees, the board of directors or the joint managerial
committee of a Chinese-foreign cooperatively-run school shall adopt
its decision upon agreement by at least two-thirds of its members
when it discusses the following major issues:
¡¡¡¡(1) appointing or dismissing the president or the principal administrator;
¡¡¡¡(2) modifying the articles of association;
¡¡¡¡(3) formulating the development plan;
¡¡¡¡(4) making decisions on the division, merger or termination of
the Chinese-foreign cooperatively-run school; and
¡¡¡¡(5) other major issues specified by the articles of association.
¡¡¡¡Article 25 The president or the principal administrator of a Chinese-foreign
cooperatively-run school shall be a person with the nationality
of the People's Republic of China, domicile in the territory of
China, love the motherland, possess moral integrity, and have work
experience in the field of education and teaching as well as compatible
professional expertise.
¡¡¡¡The president or the principal administrator appointed by a Chinese-foreign
cooperatively-run school shall be subject to approval of the examination
and approval authorities.
¡¡¡¡Article 26 The president or the principal administrator of a Chinese-foreign
cooperatively-run school shall exercise the following powers:
¡¡¡¡(1) executing the decisions of the board of trustees, the board
of directors or the joint managerial committee;
¡¡¡¡(2) implementing the development plan and drafting annual work
plans, financial budget, rules and bylaw;
¡¡¡¡(3) employing and dismissing the staff and executing rewards and
punishments;
¡¡¡¡(4) organizing teaching and scientific research activities and
ensuring teaching quality;
¡¡¡¡(5) taking charge of daily administrative work; and
¡¡¡¡(6) exercising other powers specified by the articles of association.
¡¡¡¡Article 27 A Chinese-foreign cooperatively-run school shall administer
its teachers and students in accordance with law.
¡¡¡¡Foreign teachers and administrators employed by a Chinese-foreign
cooperatively-run school shall possess a bachelor's degree or above
and related occupational certificates, and have at least two years
of work experience in the field of education and teaching.
¡¡¡¡The foreign cooperator shall send a certain number of teachers
from its own educational institution to teach in the Chinese-foreign
cooperatively-run school.
¡¡¡¡Article 28 A Chinese-foreign cooperatively-run school shall safeguard
the lawful rights and interests of its teachers and students in
accordance with law, guarantee the payment and welfare benefits
of the teaching and administrative staff and pay social insurance
premiums for the teaching and administrative staff.
¡¡¡¡The teaching and administrative staff of a Chinese-foreign cooperatively-run
school shall establish their trade union and other organizations
in accordance with law, and participate in the democratic governance
of the Chinese-foreign cooperatively-run school through the staff
congress or other means.
¡¡¡¡Article 29 Foreign employees of a Chinese-foreign cooperatively-run
school shall abide by the relevant provisions on employment of foreigners
in China.
Chapter IV Education and Teaching
¡¡¡¡Article 30 A Chinese-foreign cooperatively-run school shall offer
courses on the constitution, laws, ethics of citizens and basic
facts about China, etc. in accordance with the requirements by China
for educational institutions of the same type at the same level.
¡¡¡¡The State encourages Chinese-foreign cooperatively-run schools
to introduce internationally advanced courses and teaching materials
that are urgently needed in China.
¡¡¡¡A Chinese-foreign cooperatively-run school shall report the courses
that it offers and the teaching materials that it has introduced
in to the examination and approval authorities for the record.
¡¡¡¡Article 31 A Chinese-foreign cooperatively-run school may, if
necessary, use foreign languages in teaching, but shall use the
standard Chinese language and standard Chinese characters as the
basic teaching language.
¡¡¡¡Article 32 The enrollment by Chinese-foreign cooperatively-run
schools offering higher education for academic qualifications shall
be incorporated into the national enrollment plan for institutions
of higher learning. The enrollment by Chinese-foreign cooperatively-run
schools offering other education for academic qualifications shall
be conducted in accordance with the provisions of the education
administrative departments of the people's governments of the provinces,
autonomous regions or municipalities directly under the Central
Government.
¡¡¡¡The enrollment of overseas students by Chinese-foreign cooperatively-run
schools shall be conducted in accordance with the relevant provisions
of the State.
¡¡¡¡Article 33 The enrollment brochures and advertisements of Chinese-foreign
cooperatively-run schools shall be submitted to the examination
and approval authorities for the record.
¡¡¡¡A Chinese-foreign cooperatively-run school shall publicize regularly
relevant information on the type and level of its education, its
specialties and courses and its enrollment plan, etc.
¡¡¡¡Article 34 Chinese-foreign cooperatively-run schools offering
education for academic qualifications shall grant academic qualifications
certificates or other education certificates in accordance with
the relevant provisions of the State; those that offer education
for non-academic qualifications shall grant training certificates
or course completion certificates in accordance with the relevant
provisions of the State. Students who receive vocational skill training
may be granted relevant national vocational qualifications certificates
in accordance with the relevant provisions of the State if they
pass the evaluation by a vocational skill evaluation organ authorized
by the government.
¡¡¡¡Chinese-foreign cooperatively-run schools offering higher education
for academic qualifications may grant relevant Chinese certificates
of academic degrees in accordance with the relevant provisions of
the State.
¡¡¡¡
¡¡¡¡Certificates of academic qualifications or certificates of academic
degrees of a foreign educational institution granted by a Chinese-foreign
cooperatively-run school shall be identical with the certificates
of academic qualifications or certificates of academic degrees issued
by the foreign educational institution in its own country and shall
be recognized by that country.
¡¡¡¡
¡¡¡¡The recognition of certificates of academic qualifications or
certificates of academic degrees of a foreign educational institution
granted by Chinese-foreign cooperatively-run schools shall be governed
by the international treaties concluded or acceded to by the People's
Republic of China or the relevant provisions of the State.
¡¡¡¡Article 35 The education administrative department of the State
Council or the education administrative departments, the labour
administrative departments and other related administrative departments
of the people's governments of the provinces, autonomous regions
or municipalities directly under the Central Government shall strengthen
their routine supervision over Chinese-foreign cooperatively-run
schools, organize or authorize intermediary organizations to evaluate
the management and educational quality of the Chinese-foreign cooperatively-run
schools and publicize the evaluation results.
Chapter V Assets and Financial Matters
¡¡¡¡Article 36 Chinese-foreign cooperatively-run schools shall establish
and improve their financial and accounting systems as well as their
assets management system in accordance with law, and shall keep
books of accounts pursuant to the relevant provisions of the State.
¡¡¡¡Article 37 During the period of their existence, Chinese-foreign
cooperatively-run schools shall enjoy the property of legal persons
on all their assets in accordance with law, and no other organizations
or individuals may encroach on such assets.
¡¡¡¡Article 38 The items and standards of charges by Chinese-foreign
cooperatively-run schools shall be determined and publicized in
accordance with the relevant provisions of the State on price fixing
by the government; no additional items or increase in charges shall
be allowed without approval.
¡¡¡¡Chinese-foreign cooperatively-run schools shall use Renminbi instead
of any foreign currencies in calculating and collecting tuition
and other fees.
¡¡¡¡Article 39 All fees collected by Chinese-foreign cooperatively-run
schools shall be mainly used for educational and teaching activities
and for improving the conditions of school operation.
¡¡¡¡Article 40 Chinese-foreign cooperatively-run schools shall abide
by the provisions of the State on foreign exchange control in conducting
their activities of the receipt and payment of foreign exchange
and opening and using foreign exchange accounts.
¡¡¡¡Article 41 Chinese-foreign cooperatively-run schools, at the end
of each fiscal year, shall prepare financial and accounting reports,
commission public auditing institutions to conduct auditing work
in accordance with law, publicize the audit findings, and file such
information with the examination and approval authorities for the
record.
Chapter VI Alteration and Termination
¡¡¡¡Article 42 Division or merger of a Chinese-foreign cooperatively-run
school shall be reported to the examination and approval authorities
for approval, after the liquidation, by the board of trustees, the
board of directors or the joint managerial committee.
¡¡¡¡
¡¡¡¡In the case of an application for division or merger of a Chinese-foreign
cooperatively-run school offering education for non-academic qualifications,
the examination and approval authorities shall reply in writing
within three months from the date of receiving the application;
in the case of an application for division or merger of a Chinese-foreign
cooperatively-run school offering education for academic qualifications,
the examination and approval authorities shall reply in writing
within six months from the date of receiving the application.
¡¡¡¡Article 43 Alteration of cooperators in running a Chinese-foreign
cooperatively-run school shall be proposed by the cooperators, and
after liquidation, with the consent of the board of trustees, the
board of directors or the joint managerial committee, shall be reported
to the examination and approval authorities for approval, and the
relevant alteration formalities shall be undertaken.
¡¡¡¡Any alteration in the domicile, legal representative or the president
or the principal administrator of a Chinese-foreign cooperatively-run
school shall be subject to examination and approval of the examination
and approval authorities, and the relevant alteration formalities
shall be undertaken.
¡¡¡¡Article 44 Any alteration in the name, level or type of a Chinese-foreign
cooperatively-run school shall be reported for approval by the board
of trustees, the board of directors or the joint managerial committee
to the examination and approval authorities.
¡¡¡¡In the case of an application for altering a Chinese-foreign cooperatively-run
school to offer education for non-academic qualifications, the examination
and approval authorities shall reply in writing within three months
from the date of receiving the application; in the case of an application
for altering a Chinese-foreign cooperatively-run school to offer
education for academic qualifications, the examination and approval
authorities shall reply in writing within six months from the date
of receiving the application.
¡¡¡¡Article 45 A Chinese-foreign cooperatively-run school shall be
terminated in one of the following cases:
¡¡¡¡(1) where a request for termination is made in accordance with
the articles of association and approved by the examination and
approval authorities;
¡¡¡¡(2) where its permit for Chinese-foreign cooperation in running
the school is revoked; or
¡¡¡¡(3) where it is unable to continue its operation due to insolvency
and such termination is approved by the examination and approval
authorities.
¡¡¡¡A Chinese-foreign cooperatively-run school shall make proper arrangements
for its students at school upon its termination; a Chinese-foreign
cooperatively-run school shall submit a plan for such arrangements
while applying for termination thereof.
¡¡¡¡Article 46 A Chinese-foreign cooperatively-run school shall make
liquidation in accordance with law upon termination.
¡¡¡¡Where a Chinese-foreign cooperatively-run school itself requests
termination, the Chinese-foreign cooperatively-run school shall
organize liquidation; where the termination is the result of dissolution
by the examination and approval authorities in accordance with law,
the examination and approval authorities shall organize liquidation;
where the termination is the result of inability to continue the
operations for education due to its insolvency, a people's court
shall be requested according to law to organize liquidation.
¡¡¡¡Article 47 Upon liquidation, a Chinese-foreign cooperatively-run
school shall settle its outstanding debts according to the following
sequence:
¡¡¡¡(1) tuition and other fees that shall be refunded to the students;
¡¡¡¡(2) salaries due to the teaching and administrative staff and
their social insurance premiums payable;
¡¡¡¡(3) payments for other outstanding debts.
¡¡¡¡The remaining assets of a Chinese-foreign cooperatively-run school
after the settlement of the above debts shall be handled in accordance
with the provisions of the relevant laws and administrative regulations.
¡¡¡¡Article 48 Where a Chinese-foreign cooperatively-run school is
terminated after approval or its permit for Chinese-foreign cooperation
in running the school is revoked, it shall return its permit for
Chinese-foreign cooperation in running the school and its official
seals to the examination and approval authorities and register its
cancellation in accordance with law.
Chapter VII Legal Liability
¡¡¡¡Article 49 Where the examination and approval authorities for
Chinese-foreign cooperation in running schools or their personnel,
by taking advantage of their office, accept money or property from
others or obtain other interests, or, by abusing their power or
neglecting their duty, issue a permit for Chinese-foreign cooperation
in running a school to those that do not meet the requirements prescribed
by these Regulations, or fail to conduct investigation when an illegal
act is discovered, if the consequences are serious and the case
violates the criminal law, the persons in charge who are responsible
and other persons directly responsible shall be investigated for
criminal liability in accordance with the provisions of the criminal
law on the crime of acceptance of bribes, the crime of abuse of
power, the crime of neglect of duty or other crimes; if the case
is not serious for criminal punishments, they shall be given administrative
sanctions in accordance with law.
¡¡¡¡ Article 50 Where any authority, in violation of the provisions
of these Regulations, examines and approves a Chinese-foreign cooperatively-run
school beyond the scope of power, the document of approval shall
be null and void and the higher level authorities shall order it
to make corrections; the persons in charge who are responsible and
other persons directly responsible shall be given administrative
sanctions in accordance with law; if public property or interests
of the State and the people sustains heavy losses, they shall be
investigated for criminal liability in accordance with the provisions
of the criminal law on the crime of abuse of power or other crimes.
¡¡¡¡Article 51 Where anyone, in violation of the provisions of these
Regulations, establishes a Chinese-foreign cooperatively-run school
without approval, or defrauds a permit for Chinese-foreign cooperation
in running the school by illegitimate means, the education administrative
department or the labour administrative department shall ban it
according to their respective functions and duties, or, jointly
with the public security organ, order it to return the fees collected
from the students, and concurrently impose a fine of not more than
100,000 yuan; in case the criminal law is violated, criminal liability
shall be investigated in accordance with the provisions of the criminal
law on the crime of swindle or other crimes.
¡¡¡¡Article 52 Where anyone, in violation of the provisions of these
Regulations, enrolls students within the period of preparation for
establishment of a Chinese-foreign cooperatively-run school, the
education administrative department or the labour administrative
department shall, according to their respective functions and duties,
order it to stop the enrollment of students and to return the fees
collected from the students, and concurrently impose a fine of not
more than 100,000 yuan; if the circumstances are serious and it
refuses to stop the enrollment, the examination and approval authorities
shall revoke the letter of approval for preparation for establishment.
¡¡¡¡Article 53 Where either Chinese or foreign cooperator in running
a school makes false capital contribution or withdraws the capital
contribution after establishment of the Chinese-foreign cooperatively-run
school, the education administrative department or the labour administrative
department shall, according to their respective functions and duties,
order it to make corrections within a prescribed time limit; if
it refuses to make such corrections within the prescribed time limit,
the education administrative department or the labour administrative
department shall, according to their respective functions and duties,
impose a fine of not more than twofold of its false capital contribution
or of its capital contribution withdrawn.
¡¡¡¡Article 54 Anyone who forges, alters, buys or sells a permit for
Chinese-foreign cooperation in running a school shall be investigated
for criminal liability in accordance with the provisions of the
criminal law on the crime of forging, altering, buying or selling
certificates of a State organ or other crimes.
¡¡¡¡Article 55 Where a Chinese-foreign cooperatively-run school adds
items of fees charged or raises the level of fees charged without
approval, the education administrative department or the labour
administrative department shall, according to their respective functions
and duties, order it to return the fees overcollected, and the pricing
department shall punish it in accordance with the provisions of
the relevant laws and administrative regulations.
¡¡¡¡Article 56 Where a Chinese-foreign cooperatively-run school causes
gross adverse impacts due to its poor management or inferior educational
and teaching quality, the education administrative department or
the labour administrative department shall, according to their respective
functions and duties, order it to make rectification within a prescribed
time limit and make an announcement; if the circumstances are serious,
or no rectification is made within the time limit, or the requirements
are not met after its rectification, the education administrative
department or the labour administrative department shall, according
to their respective functions and duties, order it to stop its enrollment
of students and revoke its permit for Chinese-foreign cooperation
in running the school.
¡¡¡¡Article 57 Where anyone, in violation of the provisions of these
Regulations, issues false enrollment brochures and swindles money
or property, the education administrative department or the labour
administrative department shall, according to their respective functions
and duties, order it to make corrections within a prescribed time
limit and give a warning, confiscate its illegal gains, if any,
and may concurrently impose a fine of not more than 100,000 yuan
after fees collected have been refunded, and, if the circumstances
are serious, order it to stop enrollment of students and revoke
its permit for Chinese-foreign cooperation in running the school;
if a crime is constituted, criminal liability shall be investigated
in accordance with the provisions of the criminal law on the crime
of swindle or other crimes.
¡¡¡¡Where a Chinese-foreign cooperatively-run school issues false
enrollment advertisements, it shall be investigated for legal liability
in accordance with the relevant provisions of the Advertisement
Law of the People's Republic of China.
¡¡¡¡Article 58 Where a Chinese-foreign cooperatively-run school has
its permit for Chinese-foreign cooperation in running the school
revoked as an administrative punishment, the chairperson of its
board of trustees or its board of directors, or its president or
principal administrator shall be prohibited from taking positions
of the chairperson of the board of trustees or of the board of directors,
the president or principal administrator of any Chinese-foreign
cooperatively-run school within ten years starting from the date
of revocation of its permit for Chinese-foreign cooperation in running
the school.
¡¡¡¡Those who violate the provisions of these Regulations and the
criminal law and are punished for criminal liability in accordance
with law shall be prohibited from engaging in activities of Chinese-foreign
cooperation in running schools within ten years starting from the
date of completion of service of criminal punishments.
Chapter VIII Supplementary Provisions
¡¡¡¡Article 59 Cooperation in running schools between educational
institutions from the Hong Kong Special Administrative Region, the
Macao Special Administrative Region or Taiwan and mainland educational
institutions shall be handled with reference to the provisions of
these Regulations.
¡¡¡¡Article 60 Measures for administration of for-profit training
institutions which are cooperatively run by Chinese and foreign
parties and registered at the administrative department for industry
and commerce shall be formulated separately by the State Council.
¡¡¡¡Article 61 Specific measures for examination and approval and
administration of cooperatively-run educational projects for offering
education for academic qualifications, tutoring self-taught students
for examinations, supplementary teaching of school courses or pre-school
education, etc., which provide education mainly to Chinese citizens
and are operated jointly by foreign educational institutions and
Chinese educational institutions within the territory of China,
shall be formulated by the education administrative department of
the State Council.
¡¡¡¡Specific measures for examination and approval and administration
of cooperatively-run educational projects for offering vocational
skill training, which provide education mainly to Chinese citizens
and are operated jointly by foreign educational institutions and
Chinese educational institutions within the territory of China,
shall be formulated by the labour administrative department of the
State Council.
¡¡¡¡Article 62 No foreign educational institution, other organization
or individual may establish unilaterally schools or other educational
institutions providing education mainly to Chinese citizens within
the territory of China.
¡¡¡¡Article 63 Chinese-foreign cooperatively-run schools established
in accordance with law before the implementation of these Regulations
shall apply retroactively for permits for Chinese-foreign cooperation
in running schools as required by these Regulations. Those that
do not fully meet the requirements prescribed by these Regulations
shall, within two years starting from the date of implementation
of these Regulations, accomplish such requirements; for those that
fail to do so within the prescribed time limit, the examination
and approval authorities shall dissolve them.
¡¡¡¡Article 64 These Regulations shall be effective as of September
1, 2003.
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